What Is A Psychologist Data Breach Compensation Claim?
If you have suffered harm as a result of a psychologist data breach, you may be wondering if you can claim compensation. In this article, we will explain what a personal data breach is, and how one could occur. We will also explain what personal data is, and the process of reporting a data breach.
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA) protect the personal data of UK residents. If a psychologist or mental health organisation fails to comply with this legislation, resulting in a breach that causes you harm, you may be able to make a claim.
Our panel of solicitors can help you start the psychologist data breach claims process with a No Win No Fee arrangement in place. To learn more about how a solicitor from our panel could help you, contact our team of advisors today:
- Call us on 0203 870 4868
- Start your claim online
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Select A Section
- What Is A Psychologist Data Breach?
- Are Medical Records Covered By Data Protection Laws?
- How Could A Psychologist Data Breach Impact You?
- Steps To Take After A Data Breach
- What Could You Claim For A Psychologist Data Breach?
- How To Make A No Win No Fee Claim
Any instance where your personal data has been exposed in a security incident is a breach. However, it is important to note that not all breaches may result in a successful claim. This is because you must prove that the breach resulted from wrongful conduct and that you suffered financial or mental harm because of it.
A personal data breach is a security incident that compromises the integrity, confidentiality, or availability of your personal data. Personal data is any information that could be used to identify you, for example, your:
- Full name
- Date of birth
- Home address
- Email address
- Phone number
As well as information that is used to identify you in isolation, personal data can also encompass information that can identify you when combined with other information.
If you have suffered harm as a result of a psychologist data breach, contact our team of advisors today. They can provide free legal advice and let you know whether you have a valid claim.
Psychologists have access to a wide range of personal data relating to their patients. This can include standard personal data, such as your name and address, as well as a subcategory of personal data known as special category data.
Due to its sensitive nature, special category data requires extra protection under legislation. Personal data relating to your health, for example, your medical records, are considered special category data. This includes medical test results, patient notes, and other medical data that could identify you.
If an organisation fails to process your special category data in line with the extra stipulations put out by the DPA and UK GDPR, this could result in a personal data breach.
You could be eligible to claim if you suffer harm because of this, either financially or psychologically. Contact our advisors to find out more.
There are many ways that a psychologist data breach could impact you. For example, you may suffer psychological harm as a result of the breach. This could lead to worsening symptoms of existing mental health conditions or the development of new conditions. For example, you may be concerned that others can access your private medical information after a breach. As a result, you may experience:
You may also suffer financial damage. For example, your debit or credit card details could be held on file in order for your psychologist to take payment. If these details are exposed, this could result in damage to your credit score, fraudulent purchases, and unlawful withdrawals from your account.
Contact our team to learn more about claiming psychological or financial harm following a data breach.
If your personal data has been mishandled in a psychologist data breach, you may be wondering what steps you can take next. As we mentioned earlier, your case must meet certain criteria to be the basis of a claim. The breach must have resulted from the organisation’s failings, and you must have suffered financial and/or psychological harm.
If a personal data breach occurs that threatens the data subject’s rights or freedoms, the organisation responsible must report this to the Information Commissioner’s Office (ICO) within 72 hours. They must also inform you without undue delay.
You can contact the organisation if you are not notified of a breach but suspect your personal data has been exposed. They may be able to provide confirmation of a breach or further information surrounding your personal data.
However, if you do not receive a reply, or if the reply is unsatisfactory, you can then make a complaint to the ICO. You should so this within three months of the last meaningful contact you had with them.
The ICO is an independent body responsible for enforcing data protection laws. They can not provide compensation for personal data breach claims; however, they can launch an investigation into organisations that do not comply with legislation.
Get in touch with our team of advisors today to learn more about the steps you can take following a personal data breach. They can provide free legal advice and more help surrounding your potential claim.
When you make a claim for the harm caused by a personal data breach, you could receive compensation for material damage and non-material damage. A data breach compensation calculator may take both into account.
Non-material damage refers to the psychological harm you may have suffered as a result of a data breach. For example, you may suffer anxiety, stress, or depression following a breach because you’re worried about someone having access to your personal data or are concerned that a breach could happen again.
The ruling of Gulati & Others v MGN Limited  allows non-material damage to be valued with the help of the Judicial College Guidelines (JCG), which is a publication usually used when valuing personal injury claims. You can find some examples of these guideline figures in the table below:
|General pyschiatric injuries||Severe||£54,830 to £115,730||A significant impact on day to day life with regards to factors such as relationships with others and vulnerability in the future.|
|General pyschiatric injuries||Moderately Severe||£19,070 to £54,830||A significant impact on factors such as relationships with others and vulnerability in the future, but with a slightly better prognosis than in more serious cases.|
|General pyschiatric injuries||Moderate||£5,860 to £19,070||The sort of problems relating to factors such as relationships with others and vulnerability in the future. Symptoms show improvement. Good prognosis.|
|General pyschiatric injuries||Less Severe||£1,540 to £5,860||Consideration is given to the length of remaining symptoms, such as the effect on sleep or remaining phobias.|
|PTSD||Severe||£59,860 to £100,670||No ability to function at the pre-trauma level. All aspects of life are affected negatively.|
|PTSD||Moderately Severe||£23,150 to £59,860||Effects will still cause disability. However, the prognosis anticipates some recovery with professional help.|
|PTSD||Moderate||£8,180 to £23,150||Cases where a largely complete recovery has occurred, with no disabling effects that remain.|
|PTSD||Less Severe||£3,950 to £8,180||A full recovery within 1-2 years, with only minor symptoms that remain.|
Material damage relates to the financial losses you suffer as a result of the breach. For example, fraudulent charges to your credit card or loans that are taken out in your name.
Previously, non-material damage could only be claimed for if you were also claiming material damage. However, since the ruling of Vidal-Hall and Others v Google Inc , it is now possible to claim non-material damage independently of material damage.
For a free evaluation of what your claim could be worth, get in touch with our team of advisors today. If your psychologist data breach claim has a good chance of success, you could be connected with a No Win No Fee lawyer from our panel.
Starting a personal data breach claim alone can seem daunting. For this reason, we recommend seeking legal representation for your case. However, you might be concerned about the cost of doing so.
Under a No Win No Fee arrangement or a Conditional Fee Agreement (CFA), there are no upfront fees to pay to your solicitor and nothing to pay as they work on your case. If your claim succeeds, a success fee that is subject to a legal cap will be taken from your award. However, if your claim does not succeed, you will not pay this fee.
To learn more about whether a solicitor from our panel could help you, contact our team of advisors. They can provide free legal advice, and can tell you if your psychologist data breach claim is valid.
Medical Data Protection Resources
For additional data breach guides:
- Verbal Disclosure Data Breach Claims
- Private Healthcare Data Breach Claims
- Misdirected Fax Data Breach Claims
We’ve also included the below helpful resources:
Contact our advisors for more information on what to do following a psychologist data breach.